Low Power FM Radio Service Technical Rules, 35567-35574 [2020-10394]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Rules and Regulations]
[Pages 35567-35574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10394]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 11, 73, and 74

[MB Docket Nos. 19-193 and 17-105; FCC 20-53; FRS 16740]


Low Power FM Radio Service Technical Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts a Report and Order (Order) to improve technical 
rules that primarily affect Low Power FM (LPFM) radio stations.

DATES: Effective July 13, 2020, except for the changes to Sec. Sec.  
73.816, 73.850, and 73.870, which are delayed. The Commission will 
published a document in the Federal Register announcing the effective 
date.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Media Bureau, Audio 
Division, (202) 418-2785, or via the internet at 
[email protected]. Direct press inquiries to Janice Wise at (202) 
418-8165, or via the internet at [email protected]. For additional 
information concerning the Paperwork Reduction Act (PRA) information 
collection requirements contained in this document, contact Cathy 
Williams at 202-418-2918, or via the internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
in MB Docket Nos. 19-193 and 17-105, FCC 20-53, adopted and released on 
April 23, 2020. The full text of this document is available 
electronically via the FCC's Electronic Document Management System 
(EDOCS) website https://www.fcc.gov/ecfs/filing/0423300323576 or by 
downloading the text from the Commission's website at website at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically 
in ASCII, Microsoft Word, and/or Adobe Acrobat.) Alternative formats 
are available for people with disabilities (Braille, large print, 
electronic files, audio format), by

[[Page 35568]]

sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    The Report and Order in document FCC 20-53 contains modified 
information collection requirements, which are not effective until 
approval is obtained from OMB. The Commission, as part of its 
continuing effort to reduce paperwork burdens, has invited the general 
public to comment on these information collection requirements as 
required by the PRA (85 FR 34440, June 4, 2020). The Commission will 
publish a separate document in the Federal Register announcing approval 
of the information collection requirements. Pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 
3506(c)(4), the Commission previously sought comment on how the 
Commission might ``further reduce the information burden for small 
business concerns with fewer than 25 employees.'' See Amendments of 
Parts 73 and 74 to Improve the Low Power FM Radio Service Technical 
Rules, MB Docket Nos. 19-193, 17-105, Notice of Proposed Rulemaking, 84 
FR 49205 (Sept. 19, 2019), 34 FCC Rcd 6537 (2019) (NPRM).

Congressional Review Act

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs that this rule is ``non-major'' under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report & 
Order to Congress and the Government Accountability Office pursuant to 
5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Introduction. On April 23, 2020, the Commission adopted a Report 
and Order (Order), Amendment of Parts 73 and 74 of the Commission's 
Rules to Improve the Low Power FM Radio Service Technical Rules; 
Modernization of Media Regulation Initiative; FCC 20-53, MB Docket Nos. 
19-193, 17-105. The Order revises the technical rules governing the Low 
Power FM (LPFM) service in order to improve LPFM reception and increase 
flexibility in transmitter siting while maintaining interference 
protection and the core LPFM goals of diversity and localism.
    2. The Commission proposed to modify the LPFM technical rules in an 
NPRM published at 84 FR 49205 (Sept. 19, 2019). The rule changes 
adopted in the Order modify the rules in four main ways: (1) Expanding 
the permissible use of directional antennas; (2) expanding the 
definition of minor change applications for LPFM stations; (3) allowing 
LPFM stations to own FM boosters; and (4) permitting LPFM and Class D 
FM stations operating on the FM reserved band (channels 201 to 220) 
reserved band (channels 201 to 220) to propose facilities short-spaced 
to television stations operating on channel 6 (TV6) with the consent of 
the potentially affected stations. With respect to TV6, the Order also 
establishes an interim process for reserved channel LPFM, noncommercial 
educational (NCE) FM, Class D (10 watt) FM, and FM translator stations 
to request waivers of TV6 protections upon showing of no interference, 
until the Commission further addresses TV6 protection requirements in a 
separate proceeding. The Order also adopts several other rule revisions 
and clarifications. Specifically, the Order allows co-located LPFM 
stations to share Emergency Alert System decoders; clarifies silent 
station notification requirements; affirms that LPFM transmitters must 
be certified; and makes small, non-substantive wording changes to the 
rules. The goal of the Order is to provide LPFM stations with greater 
flexibility, to improve their service, to remove regulatory burdens, 
and to continue efforts to modernize media regulations.
    3. Directional Antennas. The Commission amends Sec.  73.816 of its 
rules (Rules) to expand the optional use of directional antennas in the 
LPFM service, including custom-designed models. In response to concerns 
by some full-power broadcasters about potential interference to their 
stations from directional LPFM antennas, the Order requires LPFM 
stations using directional antennas to submit proof of performance 
studies with their license applications to verify proper installation 
and operation. However, in response to concerns of LPFM stations that 
proof studies are costly and sometimes unnecessary, the Order exempts 
three types of proposals that have other, existing interference 
protections. The Commission expects that expanded use of directional 
antennas would primarily assist LPFM licensees constructing stations 
near the borders with Canada and Mexico, and exempts such applications 
from the proof of performance requirement because existing 
international agreements contain provisions for interference 
remediation.
    4. Redefine Minor Changes. The Order amends Sec.  73.870 to expand 
the definition of a ``minor'' LPFM facility change. An LPFM station 
making a ``minor'' change to its transmitter site may relocate without 
awaiting the opening of a filing window. Prior to the rule change, LPFM 
modifications qualified as minor if they did not exceed 5.6 kilometers, 
based on the fact that LPFM stations typically have 60 dBu service 
contours with a radius of slightly more than 5.6 kilometers and that a 
station moving 5.6 kilometers would, thus, continue to serve at least 
part of the same area. The Order recognizes that because the contours 
of two such facilities can also be expected to overlap at double that 
distance (11.2 kilometers), LPFM site changes should be allowed up to 
11.2 kilometers, or up to any greater distance that would result in 
overlapping 60 dBu service contours between the existing and relocated 
facilities. This approach will provide LPFM stations more opportunities 
to relocate, provided that the relocated station would continue to 
serve part of the area served by the existed station.
    5. Cross-Ownership of FM Booster Stations. The Commission amends 
Sec.  73.860 to allow cross-ownership of LPFM stations and FM boosters. 
Generally, LPFM licensees may not own non-LFPM stations. There is, 
however, a limited exception allowing non-Tribal LPFM licensees to 
operate up to two FM translator stations if they meet certain 
requirements. The amendment to Sec.  73.860 establishes guidelines for 
potential booster use by LPFM stations in lieu of use of an FM 
translator. Under the revised rule, an LPFM station can rebroadcast its 
signal on up to two FM translators, up to two FM boosters, or one of 
each, provided that the LPFM station's service area must overlap that 
of a co-owned FM translator, and must entirely encompass that of a co-
owned booster. Booster stations could receive the signal of the 
commonly-owned LPFM station by any means authorized in Sec.  
74.1231(i), the rule that applies to all FM booster stations. Use of FM 
boosters may improve LPFM reception in areas with irregular terrain.
    6. Protecting TV Channel 6 Television Stations. The Commission 
defers to a separate proceeding whether to eliminate entirely the 
requirements that LPFM, Class D, NCE FM, and FM translator stations on 
the FM reserved band protect television stations operating on adjacent 
television channel 6 (TV6). The Commission will be in a better position 
to reach an informed decision on TV6 issues when there is a more 
developed record about what impact, if any, eliminating TV6

[[Page 35569]]

protections would have once all television stations have transitioned 
from analog to digital, an ongoing process that will not be complete 
until July 13, 2021. Consistent with the Commission's proposal to grant 
some earlier relief, the Order amends Sec. Sec.  73.825 and 73.512 to 
exempt reserved band LPFM and Class D applicants from TV6 protection 
requirements where the applicant provides an agreement indicating the 
concurrence of all potentially affected TV6 stations. That revision 
will afford LPFM and Class D applicants the same opportunity for 
exemption that currently exists for NCE FM and FM translator 
applicants. Also, until the Commission issues a TV6 decision in a 
separate proceeding, the Commission will consider waiver requests from 
LPFM, Class D, NCE FM, and FM translator applicants seeking to 
construct facilities that are short-spaced to TV6. Applicants will be 
required to certify that they served the application and waiver request 
on the affected TV6 station. The Commission will review these waiver 
requests and any petitions to deny and informal objections on a case-
by-case basis and grant such requests if the applicant demonstrates no 
interference.
    7. Miscellaneous Issues. The Order makes several additional changes 
and rejects others. The Order retains the requirement that LPFM 
stations participate in the Emergency Alert System (EAS) but modifies 
Sec.  11.52(c) to allow shared EAS decoder use by LPFM stations that 
are co-located but not co-owned. LPFM licensees seeking to share a 
decoder must enter into a written agreement that ensures that each has 
access to the co-located equipment; and acknowledges that each party to 
the agreement remains fully and individually responsible for compliance 
with all EAS rules and any EAS violations involving the shared 
equipment.
    8. The Order modifies Sec.  73.850 to clarify that LPFM stations, 
like all broadcast stations, must notify the Commission if they are 
silent 10 days and seek consent to remain off the air for 30 days or 
more. Such notifications allow the Commission to assist stations return 
to the air before their licenses expire as a matter of law as a result 
of the extended silence. The Order also makes a non-substantive change 
to Sec.  73.810, the rule governing LPFM third-adjacent channel 
interference, so that its language will track changes to FM translator 
rules made in another proceeding, thereby clarifying that LPFM stations 
and FM translator stations must protect the same stations. Finally, the 
Order eliminates repetitive language from Sec.  73.871(c) concerning 
``minor'' amendments and removes an outdated web page address from 
Sec.  74.1290.
    9. The Commission rejects several additional proposals from LPFM 
organizations. First, the Commission declines to increase the maximum 
power of LPFM stations from 100 watts to 250 watts. The Commission had 
tentatively rejected a power increase proposal in the NPRM, as 
inconsistent with the Local Community Radio Act (LCRA) and with the 
simple design of the LPFM service. Commenters submitted two revised 
power-increase proposals but the Commission found that the first did 
not fully solve the LCRA/complexity issues and that the second was 
submitted too late to be considered in the current proceeding.
    10. The Order also declines to impose any new requirements on 
stations hosting radio reading services for the blind. LPFM applicants 
sought such requirements so that the Commission might compile lists of 
such stations that LPFM applicants must protect, but the Commission 
stated that the accuracy of any such list would be short-lived and that 
other resources exist for obtaining the same information. The Order 
further rejects a commenter suggestion to allow LPFM stations to 
protect FM translators in the same way that FM translators protect LPFM 
stations, i.e., with contour protections and interference remediation 
requirements. Such a change would alter the simplicity of LPFM 
licensing.
    11. The Commission declines to alter the Sec.  73.1660(a) 
requirement that LPFM transmitters be certified, i.e., approved by the 
Commission based on data that is generally submitted by the equipment 
manufacturer. LPFM transmitters must be specifically certified for LPFM 
use because not all equipment is suitable to operate at the lower 
parameters in the LPFM service. The Commission also rejects a 
suggestion that LPFM stations be permitted to shorten their call signs 
by dropping the ``-LP'' suffix. The suffix is important for official 
Commission purposes because it allows anyone who wishes to contact the 
Commission about the station's operations to readily ascertain the 
station's identity, in a format unique to that facility, and to 
generate information about the correct station from the Commission's 
online databases.

Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA) an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM to this proceeding. See 5 U.S.C. 603. The RFA, 
see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Public Law 104-121, Title 
II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of the 
Contract With America Advancement Act of 1996 (CWAAA). The Commission 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. The Commission received one comment referencing 
language in the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA. See 5 U.S.C. 604.

A. Need For, and Objectives of, the Report and Order

    2. This Report and Order adopts several rule changes that are 
intended to improve the public's reception of Low Power FM (LPFM) 
broadcast station signals and to provide greater flexibility to LPFM 
broadcasters. Specifically, in the Report and Order the Commission 
adopts new rules and procedures to: (1) Expand the class of LPFM 
licensees able to use directional antennas and allows LPFM use of 
antennas beyond off-the-shelf models; (2) allows LPFM and Class D 
stations to, like FM translators and full-service FM stations operating 
on Channels 201 to 220 (reserved band) not protect television stations 
operating on Television Channel 6 if they obtain concurrence from the 
TV6 station, or alternatively to request a waiver of the requirement; 
(3) redefine a ``minor change'' for LPFM stations as one which either: 
(a) Does not exceed 11.2 kilometers (doubling the simple standard 
currently in use); or (b) involves overlapping 60 dBu contours of the 
station's own existing and proposed facilities (a new standard that 
would generally be used by stations unable to meet the 11.2 kilometer 
distance and that would be more costly because it would require an 
engineering study); (4) permit LPFM stations to retransmit LPFM signals 
over booster stations (which amplify and reradiate the signal) as a 
substitute for currently permissible use of FM translators (which 
retransmits the signal on a different channel without amplification); 
(5) allow co-located LPFM stations to reduce operating costs by sharing 
a single Emergency Alert Service (EAS) decoder; (6) update LPFM-related 
rules in Parts 73 and 74 to make non-substantive changes to conform the 
rule governing LPFM third-adjacent channel interference, remove 
repetitive language and outdated information; and (7) require that LPFM 
stations, like all other broadcast stations, must notify the Commission 
if they stop broadcasting for ten days and request authority to

[[Page 35570]]

remain off-air for longer than 30 days. The new rules and procedures 
are designed to provide stations with more options to relocate and to 
improve their signals by having the opportunity to use more 
sophisticated equipment. These changes may improve the public's ability 
to receive signals from low-powered stations, especially in areas with 
irregular terrain and near international borders. The changes may also 
provide LPFM applicants greater flexibility in identifying initial and 
modified transmitter locations. The Commission's objectives are to 
improve LPFM reception and increase flexibility in LPFM siting while 
protecting primary stations and pre-existing secondary stations from 
interference and maintaining the core LPFM goals of diversity and 
localism.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    3. Las Vegas Public Radio Inc. (LVPR), licensee of KIOF-LP, Las 
Vegas, Nevada, filed comments citing to the IRFA's recognition that 
LPFM stations are small entities. LVPR's primary concern is that the 
Corporation for Public Broadcasting (CPB) has denied its yearly 
applications for Community Service Grant funding. LVPR characterizes 
CPB's actions as ``anti-competitive business practices'' that favor 
``dominant'' full-power NCE FM stations over smaller LPFM stations. 
LVPR contends that the IRFA's classification of LPFM stations as small 
businesses is consistent with that argument. See LVPR Comments at 2 
(rec. Aug. 22, 2019); LVPR Reply at 2 (rec. Sept. 16, 2019); see also 
LVPR Further Comments at 1-2 (rec. Nov. 5, 2019). The Commission 
neither provides financial support for broadcasters nor participates in 
the CPB funding process. LVPR's concern is not related to how the 
Commission's proposed rules would affect small entities and, therefore, 
is beyond the scope of this proceeding. LVPR also argues that the 
Commission's tentative decision not to increase the 100-watt maximum 
EFR of LPFM stations will prevent business growth. LVPR Comments at 2 
(rec. Aug. 27, 2019); LCPR Comments at 2 (rec. Aug. 29, 2019). The 
reasoning behind the Commission's decision on this matter is fully 
discussed in section III(F) of the Report and Order. See Report and 
Order, supra at paras. 36-41.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    4. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. 5 U.S.C. 604(a)(3). The 
Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Apply

    5. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' Id. section 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. Id. section 601(3) 
(incorporating by reference the definition of ``small business 
concern'' in 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, establishes 
one or more definitions of such term which are appropriate to the 
activities of the agency and publishes such definition(s) in the 
Federal Register.'' Id. section 601(3). A small business concern is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the SBA. Id. section 632. Application of the statutory 
criteria of dominance in its field of operation and independence are 
sometimes difficult to apply in the context of broadcast television. 
Accordingly, the Commission's statistical account of television 
stations may be over-inclusive.
    6. The new rules will apply primarily to applicants, permittees, 
and licensees within the LPFM service. Because LPFM stations operate on 
the same spectrum as FM translator stations but under different 
technical requirements, the changes to the LPFM requirements could have 
a secondary impact on FM translator applicants and licensees. 
Specifically, the rule changes may enable LPFM stations to operate in 
more locations, making it necessary for subsequent FM translator 
applicants to protect those additional locations. Although the 
Commission is deferring action on a proposal to eliminate the 
requirement that radio stations in the FM reserved band protect 
adjacent television stations operating on Television Channel 6 (TV6), 
it is reducing the burden on small businesses by entertaining requests 
for waiver of this requirement. Below, we provide a description of 
these small entities, as well as an estimate of the number of such 
small entities, where feasible.
    7. Low Power FM Stations. The Report and Order make relatively 
small rule adjustments that will primarily affect licensees and 
potential licensees of LPFM stations. LPFM stations are classified as 
radio broadcast stations. Business concerns included in this industry 
are those primarily engaged in broadcasting aural programs by radio to 
the public. See 13 CFR 121.201, NAICS Code 515112. The SBA defines a 
radio broadcast station as a small business if such station has no more 
than $41.5 million in annual receipts. Id. Given the nature of the LPFM 
service, in which eligibility is limited to non-profit organizations 
based in the community (typically small, volunteer-run groups), 
governments, and tribal applicants, we will presume that all LPFM 
licensees and applicants qualify as small entities under the SBA 
definition. 47 CFR 73.853, 73.860.
    8. While the U.S. Census provides no specific data for these 
stations, the Commission has estimated the number of licensed low power 
FM stations to be 2,169. Broadcast Station Totals as of December 31, 
2019, FCC News Release (rel. Jan. 3, 2020) (Broadcast Station Totals), 
https://docs.fcc.gov/public/attachments/DOC-361678A1.pdf. This estimate 
may overstate the number of potentially affected licensees because 
existing LPFM stations that do not seek to modify their facilities 
would not be affected. The estimate may also be an overstatement 
because some of the proposals would affect only stations to be located 
in particular geographic regions (directional antenna use near borders 
with Canada and Mexico), in certain topography (booster station use to 
overcome terrain obstacles), or on certain channels (because TV6 
protections do not apply to LPFM stations operating on spectrum other 
than FM Channels 201 to 220). With respect to applicants in future 
filing windows, we anticipate that we will

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receive a number of applications similar to past filing windows and 
that all applicants will qualify as small entities. The last LPFM 
filing window in 2013 generated approximately 2,827 applications.
    9. NCE FM Radio Stations. The potential waiver of TV6 protection 
policies applies to reserved band NCE FM radio broadcast licensees, and 
potential licensees of NCE FM radio service. This Economic Census 
category ``comprises establishments primarily engaged in broadcasting 
aural programs by radio to the public.'' U.S. Census Bureau, 2012 NAICS 
Definitions, ``515112 Radio Stations,'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch. This category description continues: 
``Programming may originate in their own studio, from an affiliated 
network, or from external sources.'' The SBA has created the following 
small business size standard for this category: Those having $41.5 
million or less in annual receipts. 13 CFR 121.201; NAICS code 515112. 
Census data for 2012 show that 2,849 firms in this category operated in 
that year. U.S. Census Bureau, Table No. EC0751SSSZ4, Information: 
Subject Series--Establishment and Firm Size: Receipts Size of Firms for 
the United States: 2012 (515112), https://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prodType=table. Of this 
number, 2,806 firms had annual receipts of less than $25 million, and 
43 firms had annual receipts of $25 million or more. Id. Because the 
Census has no additional classifications that could serve as a basis 
for determining the number of stations whose receipts exceeded $41.5 
million in that year, we conclude that the majority of radio broadcast 
stations were small entities under the applicable SBA size standard. In 
addition, the Commission has estimated the number of NCE FM radio 
stations to be 4,135. Broadcast Station Totals at 1. Because NCE 
licensees must be non-profit, we will presume that all are small 
entities.
    10. FM Translator Stations. The changes adopted herein will affect 
licensees of FM translator stations, as well as potential licensees in 
these stations. The same SBA definition that applies to radio stations 
applies to FM Translator stations. As noted, the SBA has created the 
following small business size standard for this category: Those having 
$41.5 million or less in annual receipts. 13 CFR 121.201, NAICS Code 
515112. In addition, as of December 31, 2019, there were a total of 
8,182 FM translator and FM booster stations. Broadcast Station Totals 
at 1. We anticipate that in future FM Translator filing windows we will 
receive a number of applications similar to past filing windows and 
that all applicants will qualify as small entities. The 2003 FM 
translator filing window generated approximately several hundred 
applications from NCE applicants.
    11. Channel 6 Television Stations. The Report and Order modifies 
the LPFM rules to specify that LPFM and Class D (10 watt) FM stations 
can propose operations that do not fully protect TV6 stations if the 
TV6 station concurs. Such language already exists for other types of 
reserved band FM stations. Thus, the Report and Order would affect 
Television Broadcasting firms on TV6. This economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' U.S. Census Bureau, 2012 
NAICS Code Economic Census Definitions, https://www.census.gov/cgi-bin/sssd/naics/naicsrch. The SBA defines Television Broadcasting firms as 
small businesses if they have $41.5 million or less in annual receipts. 
13 CFR 121.201; NAICS code 515120. The 2012 economic Census reports 
that 751 television broadcasting firms operated during that year. Of 
that number, 656 had annual receipts of less than $25 million per year. 
Based on that Census data we conclude that a majority of firms that 
operate television stations are small. Approximately nine full-power 
television stations and about 117 LPTV and TV translator stations (54 
analog and 63 digital) currently operate on Channel 6. Ten additional 
low power television stations that were displaced by an Incentive 
Auction process hold permits to move to Channel 6 in the future, but 
those operations will be digital rather than analog. We will presume 
that all of these Channel 6 television stations are small businesses.

E. Description of Projected Reporting, Record Keeping and Other 
Compliance Requirements

    12. The rule changes adopted in the Report and Order will, in some 
cases, impose different reporting requirements on LPFM applicants for 
new, modified, and/or licensed but silent facilities. Applicants 
seeking modifications will be able to demonstrate that their proposals 
are ``minor'' by submitting a different type of showing as an 
alternative to the current distance-based requirement, which will 
remain available. We expect that the alternative, while more costly, 
will enable more organizations to apply for authority to modify their 
facilities without having to wait for a filing window. LPFM stations 
that choose to operate co-owned FM boosters would include the booster 
on bi-annual ownership reports. We expect this additional burden with 
respect to ownership reports to be minimal because LPFM stations would 
generally not operate a booster unless they are experiencing unique 
terrain issues. An LPFM permittee choosing to use a directional antenna 
not subject to an exception would submit a proof of performance study 
with its application for a covering license, a safeguard that ensure 
that the equipment is operating properly and would not cause 
interference. We expect this additional burden concerning directional 
antennas to be minimal because it will affect only a small portion of 
LPFM applicants. It is likely that the new directional antenna option 
will be used primarily by those constructing stations near the borders 
with Canada and Mexico to comply with bilateral agreements that already 
contain interference remediation provisions. Licensed LPFM stations 
that limit or discontinue operations would have to notify the 
Commission by the tenth day and request authority for the any limited 
or discontinued operations exceeding 30 days. The notification could be 
accomplished by a brief letter. The request for authority exceeding 30 
days can be done by letter or brief electronic submission. We expect 
this additional burden concerning limited or discontinued operations to 
affect only a small portion of LPFM licensees, i.e., those experiencing 
significant technical difficulties lasting at least ten or thirty days, 
respectively. LPFM stations generally already file such requests as a 
matter of practice, because such information is explicitly required for 
other broadcast stations.

F. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    13. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from

[[Page 35572]]

coverage of the rule, or any part thereof, for small entities. 5 U.S.C. 
603(c)(1)-(c)(4).
    14. The rules adopted herein are intended to assist LPFM broadcast 
stations and applicants, which we presume are all small entities, by 
providing them with additional options that could increase coverage and 
choice of sites. For example, doubling the distance that a station can 
move from its existing site, as a ``minor'' change will allow the 
station to consider additional siting options. Allowing stations near 
international borders to use directional antennas could increase 
coverage in the direction away from the border while complying with 
international agreements that limit coverage close to the border. The 
rules enable LPFM organizations: (1) To use directional antennas 
including custom and composite antennas; (2) to double (from 5.6 
kilometers to 11.2 kilometers) the distance that an LPFM station can 
move as a ``minor change'' without awaiting an application filing 
window or, alternatively, to demonstrate contour overlap between their 
existing and proposed facilities; (3) to retransmit LPFM signals over 
booster stations; and (4) to use a single EAS decoder with a co-located 
LPFM station. The Commission would relieve LPFM and Class D (10 watt) 
reserved band FM radio stations of the requirement to protect 
television stations operating on TV6 if the TV6 station concurs. The 
Commission recognizes that the TV6 stations are also small entities. We 
believe that there will not be any negative impact on such television 
stations because the option to concur would be voluntary. The 
Commission invited and has considered alternatives including 
alternatives to minimize the burden on small businesses. The majority 
of the commenters supported the Commission's proposals. The Report and 
Order adopts one commenter-suggested alternative by doubling the 
distance that meets the definition of a ``minor change'' from 5.6 to 
11.2 kilometers. That alternative will make it easier for small 
entities to benefit from the new definition by using a simple, enlarged 
distance standard that does not require a more costly engineering 
analysis. With respect to directional antennas the Commission adopted, 
in part, a commenter suggestion to limit the situations in which 
directional LPFM facilities would be required to submit a proof of 
performance. In most situations, the Commission will not require 
proofs, which can be costly. It will, however, require proof of 
performance studies for LPFM directional antennas designed to protect 
other broadcast stations from interference thereby making sure that the 
antennas are properly functioning before allowing them to operate. The 
Commission noted that requiring such proofs before licensure would have 
a benefit to LPFM applicants because it would be unnecessary for them 
to become involved in interference disputes.

G. Report to Congress

    15. The Commission will send a copy of this Report and Order, 
including this FRFA, in a report to Congress and the Government 
Accountability Office pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996. See id. section 801(a)(1)(A). In 
addition, the Commission will send a copy of the Report and Order, 
including the FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register. See 
id. section 604(b).

Ordering Clauses

    16. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 
319 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319, as well as the 
Local Community Radio Act of 2010, Public Law 111-371, 124 Stat. 4072 
(2011), this Report and Order is adopted and will become effective 30 
days after publication in the Federal Register.
    17. It is further ordered that parts 11, 73, and 74 of the 
Commission's Rules are amended as set forth in the Final Rules and the 
rule changes to Sec. Sec.  11.52, 73.807, 73.810, 73.825, 73.860, 
73.871, 74.1201, 74.1263, 74.1283, and 74.1290 adopted herein will 
become effective 30 days after the date of publication in the Federal 
Register.
    18. It is further ordered that the rule changes to Sec. Sec.  
73.816, 73.850, and 73.870, which contain new or modified information 
collection requirements that require approval by the Office of 
Management and Budget under the Paperwork Reduction Act, will become 
effective on the date specified in a document published in the Federal 
Register announcing such approval.
    19. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket No. 19-193 shall be terminated, and its docket closed.
    20. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    21. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 11

    Radio, Television.

47 CFR Part 73

    Civil defense, Communications equipment, Education, Mexico, Radio, 
Reporting and recordkeeping requirements, Television.

47 CFR Part 74

    Communications equipment, Education, Radio, Reporting and 
recordkeeping requirements, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 11, 73, and 74 as 
follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority citation for part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.


0
2. Amend Sec.  11.52 by revising paragraph (c) to read as follows:


Sec.  11.52  EAS code and Attention Signal Monitoring requirements.

* * * * *
    (c) EAS Participants that are co-owned and co-located with a 
combined studio or control facility (such as an AM and FM licensed to 
the same entity and at the same location or a cable headend serving 
more than one system) may comply with the EAS monitoring requirements 
contained in this section for the combined station or system with one 
EAS Decoder. The requirements of Sec.  11.33 must be met by the 
combined facilities. Co-located LPFM stations including those operating 
on a time-sharing basis but which, pursuant to ownership restrictions 
in Sec.  73.855 of this chapter cannot be co-owned, may

[[Page 35573]]

also comply with the EAS monitoring requirements with one EAS Decoder 
pursuant to a written agreement between the licensees ensuring that 
each licensee has access to the decoder; that the stations will jointly 
meet the requirements of Sec.  11.33; and that each licensee remains 
fully and individually responsible for compliance with all EAS rules 
and obligations applicable to LPFM EAS participants in this part, and 
any EAS violations involving the shared, co-located equipment. Each 
LPFM licensee entering into such an arrangement remains fully and 
directly liable for enforcement actions involving the shared equipment 
as well as all other obligations attendant to LPFM EAS Participants in 
this part, regardless of which party to the agreement took or failed to 
take the actions giving rise to the violation.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
3. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.


0
4. Amend Sec.  73.512 by adding a sentence at the end of paragraph (d) 
to read as follows:


Sec.  73.512  Special procedures applicable to Class D noncommercial 
educational stations.

* * * * *
    (d) * * * With respect to Class D (secondary) applications on 
Channels 201 through 220 required to protect television stations 
operating on TV Channel 6, the non-interference requirements in the 
preceding sentences will apply unless the application is accompanied by 
a written agreement between the Class D (secondary) applicant and each 
affected TV Channel 6 broadcast station concurring with the proposed 
Class D facilities.

0
5. Amend Sec.  73.807 by adding paragraph (g)(5) to read as follows:


Sec.  73.807  Minimum distance separation between stations.

* * * * *
    (g) * * *
    (5)(i) LPFM stations located within 125 kilometers of the Mexican 
border are limited to 50 watts (0.05 kW) ERP, a 60 dBu service contour 
of 8.7 kilometers and a 34 dBu interfering contour of 32 kilometers in 
the direction of the Mexican border. LPFM stations may operate up to 
100 watts in all other directions.
    (ii) LPFM stations located between 125 kilometers and 320 
kilometers from the Mexican border may operate in excess of 50 watts, 
up to a maximum ERP of 100 watts. However, in no event shall the 
location of the 60 dBu contour lie within 116.3 kilometers of the 
Mexican border.
    (iii) Applications for LPFM stations within 320 kilometers of the 
Canadian border may employ an ERP of up to a maximum of 100 watts. The 
distance to the 34 dBu interfering contour may not exceed 60 kilometers 
in any direction.

0
6. Amend Sec.  73.810 by revising paragraph (a)(1)(iii) to read as 
follows:


Sec.  73.810  Interference.

    (a) * * *
    (iii) The direct reception by the public of the off-the-air signals 
of any full-service station or previously authorized secondary station. 
Interference will be considered to occur whenever reception of a 
regularly used signal on a third-adjacent channel is impaired by the 
signals radiated by the LPFM station, regardless of the quality of such 
reception, the strength of the signal so used, or the channel on which 
the protected signal is transmitted.
* * * * *

0
7. Amend Sec.  73.816 by revising paragraph (b), removing and reserving 
paragraph (c), and revising paragraph (d) to read as follows:


Sec.  73.816  Antennas.

* * * * *
    (b) Permittees and licensees may employ directional antennas in the 
LPFM service, in accordance with paragraph (d) of this section.
    (c) [Reserved]
    (d)(1) Composite antennas and antenna arrays may be used where the 
total ERP does not exceed the maximum determined in accordance with 
Sec.  73.811(a).
    (2) Either horizontal, vertical, circular, or elliptical 
polarization may be used provided that the supplemental vertically 
polarized ERP required for circular or elliptical polarization does not 
exceed the ERP otherwise authorized. Either clockwise or 
counterclockwise rotation may be used. Separate transmitting antennas 
are permitted if both horizontal and vertical polarization is to be 
provided.
    (3) An application that specifies the use of a directional antenna 
must provide the information identified in Sec.  73.316(c) except that 
such information shall not be required of:
    (i) Public safety and transportation permittees and licensees 
eligible pursuant to Sec.  73.853(a)(2) using directional antennas in 
connection with operation of Travelers' Information Service stations;
    (ii) LPFM permittees and licensees proposing a waiver of the 
second-adjacent channel spacing requirements of Sec.  73.807 for the 
sole purpose of justifying such a waiver; and
    (iii) LPFM permittees and licensees using directional antennas 
solely for the purpose of meeting the international border zone 
distance requirements of Sec.  73.807(g).

0
8. Amend Sec.  73.825 by adding introductory text to read as follows:


Sec.  73.825  Protection to reception of TV channel 6.

    The following spacing requirements will apply to LPFM applications 
on Channels 201 through 220 unless the application is accompanied by a 
written agreement between the LPFM applicant and each affected TV 
Channel 6 broadcast station concurring with the proposed LPFM 
facilities.
* * * * *

0
9. Amend Sec.  73.850 by adding paragraph (d) to read as follows:


Sec.  73.850  Operating schedule.

* * * * *
    (d) In the event that causes beyond the control of a permittee or 
licensee make it impossible to adhere to the operating schedule in 
paragraph (b) of this section or to continue operating, the station may 
limit or discontinue operation for a period not exceeding 30 days 
without further authority from the Commission provided that 
notification is sent to the Commission in Washington, DC, Attention: 
Audio Division, Media Bureau, no later than the 10th day of limited or 
discontinued operation. During such period, the permittee shall 
continue to adhere to the requirements of the station license 
pertaining to lighting of antenna structures. In the event normal 
operation is restored prior to the expiration of the 30 day period, the 
permittee or licensee will notify the FCC, Attention: Audio Division, 
of the date that normal operations resumed. If causes beyond the 
control of the permittee or licensee make it impossible to comply 
within the allowed period, Special Temporary Authority (see Sec.  
73.1635) must be requested to remain silent for such additional time as 
deemed necessary not to exceed, in total, 12 consecutive months (see 
Sec.  73.873(b)).

0
10. Amend Sec.  73.860 by revising paragraph (b) to read as follows:


Sec.  73.860  Cross-ownership.

* * * * *
    (b) A party that is not a Tribal Applicant, as defined in Sec.  
73.853(c), may hold attributable interests in one

[[Page 35574]]

LPFM station and no more than two FM translator stations, two FM 
booster stations, or one FM translator station and one FM booster 
station provided that the following requirements are met:
    (1) The 60 dBu contour of the LPFM station overlaps the 60 dBu 
contour of the commonly-owned FM translator station(s) and entirely 
encompasses the 60 dBu service contour of the FM booster station(s);
    (2) The FM translator and/or booster station(s), at all times, 
synchronously rebroadcasts the primary analog signal of the commonly-
owned LPFM station or, if the commonly-owned LPFM station operates in 
hybrid mode, synchronously rebroadcasts the digital HD-1 version of the 
LPFM station's signal;
    (3) The FM translator station receives the signal of the commonly-
owned LPFM station over-the-air and directly from the commonly-owned 
LPFM station itself. The FM booster station receives the signal of the 
commonly-owned LPFM station by any means authorized in Sec.  74.1231(i) 
of this chapter; and
    (4) The transmitting antenna of the FM translator and/or booster 
station(s) is located within 16.1 kilometers (10 miles) for LPFM 
stations located in the top 50 urban markets and 32.1 kilometers (20 
miles) for LPFM stations outside the top 50 urban markets of either the 
transmitter site of the commonly-owned LPFM station or the reference 
coordinates for that station's community of license.
* * * * *

0
11. Amend Sec.  73.870 by revising paragraph (a) to read as follows:


Sec.  73.870  Processing of LPFM broadcast station applications.

    (a) A minor change for an LPFM station authorized under this 
subpart is limited to transmitter site relocations not exceeding 11.2 
kilometers or where the 60 dBu contour of the authorized facility 
overlaps the 60 dBu contour of the proposed facility. These distance 
limitations do not apply to amendments or applications proposing 
transmitter site relocation to a common location filed by applicants 
that are parties to a voluntary time-sharing agreement with regard to 
their stations pursuant to Sec.  73.872(c) and (e). These distance 
limitations also do not apply to an amendment or application proposing 
transmitter site relocation to a common location or a location very 
close to another station operating on a third-adjacent channel in order 
to remediate interference to the other station; provided, however, that 
the proposed relocation is consistent with all localism certifications 
made by the applicant in its original application for the LPFM station. 
Minor changes of LPFM stations may include:
    (1) Changes in frequency to adjacent or IF frequencies (+/- 1, 2, 
3, 53 or 54 channels) or, upon a technical showing of reduced 
interference, to any frequency; and
    (2) Amendments to time-sharing agreements, including universal 
agreements that supersede involuntary arrangements.
* * * * *

0
12. Amend Sec.  73.871 by revising paragraphs (c)(1) and (2) to read as 
follows:


Sec.  73.871  Amendment of LPFM broadcast station applications.

* * * * *
    (c) * * *
    (1) Site relocations of 11.2 kilometers or less;
    (2) Site relocations that involve overlap between the 60 dBu 
service contours of the currently authorized and proposed facilities;
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
13. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.


0
14. Amend Sec.  74.1201 by revising paragraph (f) and adding paragraph 
(l) to read as follows:


Sec.  74.1201  Definitions.

* * * * *
    (f) FM broadcast booster station. A station in the broadcasting 
service operated for the sole purpose of retransmitting the signals of 
an FM radio broadcast station, by amplifying and reradiating such 
signals, without significantly altering any characteristic of the 
incoming signal other than its amplitude. Unless specified otherwise, 
this term includes LPFM boosters as defined in paragraph (l) of this 
section.
* * * * *
    (l) LPFM booster. An FM broadcast booster station as defined in 
paragraph (f) of this section that is commonly-owned by an LPFM station 
for the purpose of retransmitting the signals of the commonly-owned 
LPFM station.

0
15. Amend Sec.  74.1263 by revising paragraph (b) to read as follows:


Sec.  74.1263  Time of operation.

* * * * *
    (b) A booster station rebroadcasting the signal of an AM, FM, or 
LPFM primary station shall not be permitted to radiate during extended 
periods when signals of the primary station are not being 
retransmitted. Notwithstanding the foregoing, FM translators 
rebroadcasting Class D AM stations may continue to operate during 
nighttime hours only if the AM station has operated within the last 24 
hours.
* * * * *

0
16. Amend Sec.  74.1283 by revising paragraph (b) to read as follows:


Sec.  74.1283  Station identification.

* * * * *
    (b) The call sign of an FM booster station or LPFM booster will 
consist of the call sign of the primary station followed by the letters 
``FM'' or ``LP'' and the number of the booster station being 
authorized, e.g., WFCCFM-1 or WFCCLP-1.
* * * * *

Sec.  74.1290  [Removed and Reserved]

0
17. Remove and reserve Sec.  74.1290.

[FR Doc. 2020-10394 Filed 6-10-20; 8:45 am]
BILLING CODE 6712-01-P